Table of Contents

Message from the President Joshua Dalton

Message from the Editor

Nominating Committee Report

Announcement of Selection Process for New Committee Cochairs

Upcoming Event - BIPLA Annual Meeting

Upcoming Event - 14th Annual Invented Here!

Upcoming Event - Antitrust & IP: Fundamentals and Recent Developments

Digital Image Creation Using AI Risks Copyright Infringement

USPTO to Terminate the After Final Consideration Pilot Program 2.0

Unified Patent Court - Highlights from the Last Six Months

Recent Events - Ethics Committee Panel on Duty of Candor Before USPTO

Recent Events - Past Presidents Get Together

Recent Events - ACC-NE & BIPLA Event: IP in the Age of AI

Recent Events - Case Law Committee Meeting: Developments in Obviousness-Type Double Patenting

Passing of Patrick A. Quinlan

Harbor IP

List of Officers and Board of Governors

Job Listings

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NEWSLETTER ARCHIVE

Volume 55, Issue 3

USPTO to Terminate the After Final Consideration Pilot Program 2.0

By Alice O. Carroll and Christine M. Wise, Hamilton, Brook, Smith & Reynolds, P.C.

The United States Patent and Trademark Office (USPTO) will terminate the After Final Consideration Pilot Program 2.0 (AFCP 2.0) on December 15, 2024.  Due to fiscal reasons and public feedback, the USPTO has decided to terminate this program.  The last day to submit a request under this program is December 14, 2024.

Under the AFCP 2.0 Pilot Program, the Examiner is given additional examination time to consider amendments made by Applicant in an amendment after final where at least one independent claim is amended. Prior to an appeal or an RCE, the Examiner can conduct a search and/or an interview which can provide useful insights on examination prospects to the Applicant.  After the AFCP 2.0 pilot program terminates, there are still opportunities to interview with the Examiner or file a pre-appeal brief at this stage of prosecution to advance prosecution toward allowance.